PERDUE

v.

BARBER

Citator

Cited By

• Nichols v. United States, 511 U.S. 738 (U.S. 1994)
  …5, 557 (1990) (same); State v. Laurick, 120 N. J. 1, 16, 575 A. 2d 1340, 1347 (Baldasar bars an enhanced penalty only when it is greater than that authorized in the absence of the prior offense or converts a misdemeanor into a felony), cert. denied, 498 U. S. 967 (1990); Hlad v. State, 565 So. 2d 762, 764-766 (Fla. App. 1990) (following the approach of Justice Blackmun, thereby limiting enhancement to situations where the prior uncounseled misdemeanor was punishable by six months’ imprisonment or less), aff’…
• ACT UP!/Portland v. Kernon Bagley, 988 F.2d 868 (9th Cir. 1992)
  …could be divided between judge and jury through the use of special interrogatories. See, e.g., Sims v. Metropolitan Dade County, 972 F. 2d 1230, 1241 (Brown, J., dissenting) (11th Cir.1992); Warren v. Dwyer, 906 F. 2d 70, 76 (2d Cir.), cert. denied 498 U.S. 967, 111 S.Ct. 431, 112 L.Ed.2d 414 (1990); Rakovich v. Wade, 850 F. 2d 1180, 1202 n. 15 (7th Cir.) (en banc), cert. denied, 488 U.S. 968, 109 S.Ct. 497, 102 L.Ed.2d 534 (1988). None of these opinions makes any attempt to explain how the technique would…
• King v. MacRi, 993 F.2d 294 (2d Cir. 1993)
  …to submit disputed factual questions to the jury, reserving for itself the ultimate legal question of the defense’s availability. See Finnegan v. Fountain, 915 F. 2d 817, 821 (2d Cir.1990); Warren v. Dwyer, 906 F. 2d 70, 76 (2d Cir.), cert. denied, 498 U.S. 967, 111 S.Ct. 431, 112 L.Ed.2d 414 (1990). Since a reasonable jury could find that reasonable officers, in defendants’ position, would not have believed they were acting lawfully, the District Court properly found the defense of qualified immunity un…